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IN THE CRIMINAL COURT FOR MONROE COUNTY

AT MADISONVILLE, TENNESSEE

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STATE OF TENNESSEE

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V. CASE NO. 10213

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WALTER FRANCIS FITZPATRICK, III

TRANSCRIPT OF ARRAIGNMENT
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JUNE 28TH, 2010

THE HONORABLE CARROLL L. ROSS,

PRESIDING JUDGE
of

APPEARANCES
FOR THE STATE:
Assistant District Attorney General
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James H. Stutts
10th Judicial District
P.O. Box 647
Athens, Tennessee 37303-0647
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FOR THE DEFENDANT:

Pro Se
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TABLE OF CONTENTS
ITEM PAGE
ARRAIGNMENT (6/28/10)
ARRAIGNMENT 1

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MARTY COOK:
Direct by Court 13
CERTIFICATE OF COURT REPORTER 20

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***********************************************************
INDEX TO EXHIBITS
NUMBER DESCRIPTION PAGE ENTERED
1

2
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Newspaper ad by Walter
Fitzpatrick
Letter to Greg Breeden
7

from Walter Fitzpatrick

re: citizen's arrests 8
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3 Letter to Tennessee
Supreme Court members
from Walter Fitzpatrick 9
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4 Grand Jury order 9

5 Citizen's arrest warrant 10
6 Article from website 11
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7 Criminal information on
Walter Fitzpatrick from
state of Washington 13
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1 IN THE CRIMINAL COURT FOR MONROE COUNTY
2 AT MADISONVILLE, TENNESSEE
3
4 STATE OF TENNESSEE

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5
6 V. CASE NO. 10213
7

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8 WALTER FRANCIS FITZPATRICK, III
9
10 This case came on to be heard on an
11
12
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arraignment and was heard on the 28th day of June,
2010, before the Honorable Carroll L. Ross, Judge,
13 holding the Criminal Court for Monroe County, at
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14 Madisonville, Tennessee, when the following
15 proceedings were had, to-wit:
16 THE COURT: Mr. Walter Fitzpatrick. (Brief
of

17 pause) Mr. Fitzpatrick, you've been charged in an

18 indictment by the Monroe County Grand Jury with one
19 count of participating in a riot, one count of preventing
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20 or disrupting a lawful meeting, one count of...appears to

21 be a disorderly conduct charge, one count of...resisting
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22 arrest, one count of retaliation against a public official

23 for past action, and one count of a civil rights
24 intimidation. General, is that a felony?
25 GENERAL STUTTS: It is.
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Arraignment/6/28/10 Page -1-

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1 THE COURT: Okay.
2 GENERAL STUTTS: The last two are.
3 THE COURT: Okay. Are those, what, E
4 felonies?

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5 GENERAL STUTTS: C.
6 THE COURT: Pardon?
7 GENERAL STUTTS: Class C felonies.

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8 THE COURT: Class C felonies? Mr. Patrick --
9 Mr. Fitzpatrick, do you understand what the charges are
10 against you?
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12
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DEFENDANT FITZPATRICK: I do not.
THE COURT: Okay. Well, then I will read them
13 to you. In count one, you've been charged that on or
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14 about the 1st day of April, the year 2010, in Monroe
15 County, Tennessee, and before the finding of this
16 indictment, you did unlawfully and knowingly participate
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17 in a riot in violation of Tennessee Code Section

18 39-17-302, all of which is against the peace and dignity
19 of the State of Tennessee.
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20 In count two, you've been charged with on or

21 about the 1st day of April, the year 2010, in Monroe
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22 County, Tennessee, and before the finding of this

23 indictment, you did unlawfully with the intent to prevent
24 or disrupt a lawful meeting, possession -- procession,
25 rather, or gathering, substantially obstruct or interfere
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Arraignment/6/28/10 Page -2-

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1 with the meeting, procession, or gathering by physical
2 action or verbal utterance, in violation of TCA Section
3 39-17-306, all of which is against the peace and dignity
4 of the State of Tennessee.

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5 In count three -- I will not take any papers
6 handed to me by this defendant here today. Do you
7 understand that, sir? By your silence, I will presume you

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8 clearly understand then that last order.
9 In count three, you have been charged that on
10 or about the 1st day of April, the year 2010, in Monroe
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12
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County, Tennessee, and before the finding of this
indictment, you did unlawfully and intentionally or
13 knowingly in a public place, and with the intent to cause
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14 a public annoyance or alarm, create a hazardous or
15 physically offensive condition, by an act that served no
16 legitimate purpose, in violation of Tennessee Code
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17 Annotated Section 39-17-305, all of which is against the

18 peace and dignity of the State of Tennessee.
19 In count four, the indictment alleges that on or
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20 about the 1st day of April, year 2010, in Monroe County,

21 Tennessee, and before the finding of this indictment,
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22 you did unlawfully and intentionally prevent or obstruct

23 Travis Jones, known by the defendant to be a law
24 enforcement officer, from effecting an arrest, by using
25 force against the said law enforcement officer, in
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Arraignment/6/28/10 Page -3-

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1 violation of TCA Section 39-16-601, all of which is
2 against the peace and dignity of the State of Tennessee.
3 In count five, the allegations are that on or
4 about the 1st day of April, the year 2010, in Monroe

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5 County, Tennessee, and before the finding of this
6 indictment, you did unlawfully and knowingly harm or
7 threaten to harm a juror, to wit: Gary Pettway, by an

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8 unlawful act, in retaliation for actions taken by Gary
9 Pettway in an official capacity as a juror, in violation of
10 TCA Section 39-16-510, all of which is against the peace
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and dignity of the State of Tennessee.
And in count six, the allegations are that on or
13 about the 2nd day of December, year 2009, on the 1st
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14 day of -- between the 2nd day of December, year 2009,
15 and the 1st day of April, the year 2010, in Monroe
16 County, Tennessee, and before the finding of this
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17 indictment, you did unlawfully, intentionally, or

18 knowingly coerce another, to-wit: Gary Pettway, with
19 the intent to unlawfully intimidate Gary Pettway because
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20 he exercised a right or privilege secured by the

21 Constitution or laws of the United States, or the
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22 Constitution or laws of the State of Tennessee, in

23 violation of Section 39-17-309(b) subparagraph (2) of
24 the Tennessee Code Annotated, all of which is against
25 the peace and dignity of the State of Tennessee.
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Arraignment/6/28/10 Page -4-

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1 DEFENDANT FITZPATRICK: Who signed those
2 presentments?
3 THE COURT: Sir, do you understand that's
4 what you've been charged with?

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5 DEFENDANT FITZPATRICK: And who --
6 THE COURT: I will not address questions
7 asked by you as a defendant in this court, do you

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8 understand that?
9 DEFENDANT FITZPATRICK: Who signed --
10 may I see a copy of that?
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THE COURT: I will give you a copy of the
indictment --
13 DEFENDANT FITZPATRICK: Please.
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14 THE COURT: -- as I have every other
15 defendant that stood before this Court.
16 DEFENDANT FITZPATRICK: I'd like to see one
of

17 now.
18 THE COURT: You need to be real quiet. Now
19 you need to answer the questions I -- you're not here to
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20 question this Court on anything.

21 DEFENDANT FITZPATRICK: Is there a
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22 question before me?

23 THE COURT: Do you understand that?
24 DEFENDANT FITZPATRICK: Is there a
25 question before me?
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1 THE COURT: Do you understand that's what
2 your charges are?
3 DEFENDANT FITZPATRICK: I do not
4 understand the charges.

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5 THE COURT: Well, do you understand that's
6 what the -- well, do you read and write okay, sir? Do you
7 read and write okay, because I've read these clearly to

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8 you. Is there anything you don't understand, that these
9 are the charges? I will enter an automatic not guilty plea
10 as I do for all defendants.
11
12 those?
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DEFENDANT FITZPATRICK: Who signed

13 THE COURT: Do you understand? I will give

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14 you a copy of the indictment, sir. I will not otherwise
15 answer questions addressed to this Court by you. Do
16 you understand that, sir? General.
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17 GENERAL STUTTS: Your Honor, we would

18 again tender to the Court information generated by
19 either this defendant or other persons acting on his
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20 behalf. We would ask that in addressing his release

21 pending trial that conditions similar to those imposed
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22 upon Mr. Huff be a part of Mr. Fitzpatrick's bond as well.

23 THE COURT: Are you submitting these as
24 exhibits?
25 GENERAL STUTTS: We are submitting those
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Arraignment/6/28/10 Page -6-

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1 as exhibits to the Court.
2 THE COURT: Okay. We will mark this as
3 exhibit one. This appears to be some add taken out by
4 someone who has signed his name as Walter

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5 Fitzpatrick...as the JAG hunter, whatever that means. If
6 you'll enter this as exhibit one, please.
7 (EXHIBIT NUMBER ONE MARKED AND

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8 ENTERED).
9 THE COURT: Mr. Fitzpatrick, for your benefit, I
10 will again -- you make allegations here against me in this
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add, and I notice that you...(as read) "In the second
truth, there is Judge Carroll Ross' installment a few
13 weeks ago of Mr. Gary Pettway as foreman to the Monroe
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14 County Grand Jury for a 27th consecutive year." Your
15 second truth is totally false. I have never appointed a
16 Grand Jury foreman to this county, nor will I ever. That's
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17 not one of my responsibilities. I presume all of your

18 other so-called truths are just as inaccurate, but I will
19 tell you again, it would not bother me one bit if I had
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20 appointed Mr. Pettway. He has done a good job. I would

21 be proud to say that I had appointed him, but in fact, as a
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22 matter of fact, I did not. I have never appointed a Grand

23 Jury foreman in McMinn County. I will never appoint
24 one. That's not one of my duties. Like most of your stuff
25 --
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Arraignment/6/28/10 Page -7-

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1 DEFENDANT FITZPATRICK: I'd be happy to
2 respond if you allow it.
3 THE COURT: You need to be real quiet, sir.
4 Exhibit one. Exhibit two appears to be a letter to Greg

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5 Breeden, who is the Chief of Police for the Madisonville
6 Police Department. Let's see...to where he sets forth
7 that Mr. -- someone with the name of Walter Francis

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8 Fitzpatrick, III, is going to make a whole series of
9 citizen's arrests of officials of this county. If you'll mark
10 that as exhibit two.
11
12 ENTERED).
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(EXHIBIT NUMBER TWO MARKED AND

13 THE COURT: Exhibit three appears to be a

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14 letter of a threatening nature sent to all members of the
15 Tennessee State Supreme Court, fined, signed, "...in
16 utter contempt," by Walter Francis Fitzpatrick, III.
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17 DEFENDANT FITZPATRICK: My name is

18 Walter Francis Fitzpatrick, III.
19 THE COURT: Fitzpatrick, III.
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20 DEFENDANT FITZPATRICK: Thank you.

21 THE COURT: That's what I just said, sir.
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22 DEFENDANT FITZPATRICK: Thank you.

23 THE COURT: If you'll mark that as exhibit
24 three.
25 (EXHIBIT NUMBER THREE MARKED AND
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Arraignment/6/28/10 Page -8-

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1 ENTERED).
2 THE COURT: Exhibit four submitted by the
3 State is an order of instruction that I signed for the
4 Monroe County Grand Jury so that they would

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5 understand there is no way any county Grand Jury in any
6 state, in any part of this country can consider any
7 federal issue. Anyone who has a smidgen of knowledge

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8 of the Constitution ought to know that. I signed this
9 order on April the 1st; it was submitted to the Grand
10 Jury. And specifically, no Grand Jury of Monroe County
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or any other Grand Jury of any county in any state in the
United States of America can consider any evidence on
13 treason of anybody. And once again, anyone who
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14 professes a smidgen of information about the
15 Constitution ought to know that. That will be exhibit four
16 to this hearing.
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17 (EXHIBIT NUMBER FOUR MARKED AND

18 ENTERED).
19 THE COURT: Exhibit number, the next one --
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20 General, this appears, what, to be some bogus citizen's

21 arrest warrant that's been passed around, is that
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22 correct?
23 GENERAL STUTTS: It was presented, yes.
24 THE COURT: And an affidavit of complaint.
25 Ms. Cook, your name's on here. It appears Mr.
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Arraignment/6/28/10 Page -9-

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1 Fitzpatrick -- he's alleged you've been out levying war
2 against the United States. Have you been levying war
3 against the United States?
4 MS. COOK: I don't think so, Your Honor.

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5 DEFENDANT FITZPATRICK: Are you making
6 fun of me? Is that what's going on here? Am I being
7 mocked?

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8 THE COURT: If you'll mark this as the next
9 exhibit of the hearing, please...exhibit number five.
10 (EXHIBIT NUMBER FIVE MARKED AND
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ENTERED). oli
THE COURT: The next exhibit...
13 DEFENDANT FITZPATRICK: I'd like to get
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14 copies of all those, please.
15 THE COURT: Sir, these are all exhibits, yes,
16 sir. Your attorney can get you copies of anything from
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17 the file.
18 DEFENDANT FITZPATRICK: I'm representing
19 myself. I'd like copies of everything that you've just
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20 handed as an exhibit.
21 THE COURT: The next exhibit appears to be
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22 one of the typical harangues on websites about how

23 awful people are here in Monroe County, calling us all
24 good ole boy gestapos; says that we're cowardly and evil
25 people here in Madisonville, Tennessee; says we have a
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Arraignment/6/28/10 Page -10-

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1 communist government here in Monroe County.
2 DEFENDANT FITZPATRICK: Where does that
3 come from?
4 THE COURT: I don't know, sir. It appears to be

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5 someone is making references to you here.
6 DEFENDANT FITZPATRICK: Could you please
7 describe the document you're holding?

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8 THE COURT: If you will mark that as the next
9 exhibit.
10 (EXHIBIT NUMBER SIX MARKED AND
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12
ENTERED). oli
DEFENDANT FITZPATRICK: I guess not.
13 THE COURT: (Brief pause) General, what is
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14 this next thing? It appears to be -- what is this, arrest
15 record --
16 GENERAL STUTTS: The last one is Mr.
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17 Fitzpatrick's criminal information from the state of

18 Washington. It's to exhibit, Your Honor, that he has in
19 fact in the past taken violent actions against persons
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20 who in fact represented him during legal proceedings.

21 Essentially, that's to let the Court know that there is a
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22 concern that the State legitimately has with regard to his

23 bond and his freedom in light of the charges of
24 retaliation against a public official, but also the count for
25 civil rights intimidation.
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Arraignment/6/28/10 Page -11-

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1 THE COURT: Okay. It appears to be -- this will
2 be the next -- what's the next numbered exhibit?
3 COURT REPORTER: Seven.
4 THE COURT: This will be exhibit seven. It

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5 appears to be out of, what is that, Kitsap County in
6 Washington, is that correct, sir?
7 GENERAL STUTTS: Yes, sir.

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8 THE COURT: There are allegations here of
9 civil anti-harassment order, violation of a civil anti-
10 harassment order, interference with the booking
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procedures at the jail, coercion by use of threats, fraud
charges, a victim who, some kind of civil anti-
13 harassment --
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14 DEFENDANT FITZPATRICK: These are
15 allegations that have nothing to do with what's going on
16 here today.
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17 THE COURT: These...

18 DEFENDANT FITZPATRICK: There's no
19 substance to what you're holding at all, none, zero.
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20 THE COURT: Violation of orders of

21 protection --
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22 DEFENDANT FITZPATRICK: This is character

23 assassination.
24 THE COURT: You need to be real quiet. You
25 need to be real quiet. Okay. We will enter this as exhibit
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Arraignment/6/28/10 Page -12-

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1 number, the next exhibit.
2 (EXHIBIT NUMBER SEVEN MARKED AND
3 ENTERED).
4 THE COURT: Ms. Cook, if you'll raise your

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5 right hand, please.
6 MS. MARTY COOK was called as a witness
7 by the Court, and having been duly sworn, was

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8 examined and testified as follows:
9 THE COURT: Have you been having contact
10 with this defendant here before the Court today in the
11
12 A
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last several weeks?
Yes, sir.
13 THE COURT: Would you tell the Court the
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14 nature of your contacts and what he's been doing in your
15 office?
16 A Mr. Fitzpatrick has come in on numerous
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17 occasions requesting records under the Open Records

18 Act.
19 THE COURT: Okay. And how much time have
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20 you been having to devote to him on a regular basis?

21 A Well, this started last August. I don't, I didn't
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22 keep up with it, but more time than I've ever spent with
23 any other defendant.
24 THE COURT: Okay. Has he brought you
25 papers to file on occasion?
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Direct by Court of Marty Cook Page -13-

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1 A Yes, sir.
2 THE COURT: What kind of papers have those
3 been?
4 A Just numerous statements, motions to -- I

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5 mean, just things that he just brings in and wants put in
6 his criminal file. There are all sorts of statements and
7 just miscellaneous things that he files.

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8 THE COURT: Has he brought you any papers
9 that have nothing to do with anything going on in this
10 county?
11
12
A oli
Well, yes.
THE COURT: Such as?
13 A Well, he's, you know, brought books, lots of
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14 papers to, to try to go before the Grand Jury.
15 THE COURT: Concerning what, Ms. Cook?
16 A Concerning the indictment of President Obama,
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17 Harry Reid, Nancy Pelosi, everybody in the whole world.

18 DEFENDANT FITZPATRICK: That's not true.
19 THE COURT: (Brief pause) Mr. Walter
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20 Fitzpatrick, I will sign this order of recusal here today. I

21 will not be able to hear the case. I will say to you the
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22 same thing I said earlier to Mr. Huff. You will need to

23 leave your address with Ms. Cook. Your bonding
24 company will need to know where you are. A special
25 judge will be appointed to hear your case. You will be
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Direct by Court of Marty Cook Page -14-

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1 notified when that hearing date will be.
2 As a order on a condition of your bond today,
3 based on the information presented to me by the State, I
4 will place on your release the following restrictions on

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5 your bond: Defendant must avoid all contact, directly or
6 indirectly, in any manner whatsoever, with any person
7 who has been or who may become a Grand Jury foreman

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8 or Grand Jury member of Monroe County, or any other
9 county in the 10th Judicial District, including Bradley,
10 Polk, and McMinn County. You shall refrain from
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12
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attempting to serve or causing anyone else to attempt to
serve any so-called citizen arrest warrant on any
13 government official of the State of Tennessee, Monroe
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14 County, or any other county in the 10th Judicial District,
15 including but not limited to any member of the
16 Tennessee Supreme Court, any member of the various
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17 Tennessee Courts of Appeals, and trial judge or general

18 sessions judge, or any special judge designated to
19 handle this case, or any member of their staff; any
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20 current or former District Attorney General or member of

21 the District Attorney General's staff, any Circuit Court
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22 Clerk or member of the Circuit Court Clerk's staff, any

23 sheriff or member of the sheriff's staff, any chief of
24 police of any municipal police department in this district,
25 or any member of their staff. You shall refrain from
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Arraignment/6/28/10 Page -15-

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1 personally contacting or attempting to contact by letter,
2 by phone call, by email message, by personal contact or
3 any other means whatsoever, electronic or otherwise,
4 any member of the Tennessee Supreme Court, any

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5 member of the various Tennessee Courts of Appeals,
6 any trial judge or general sessions judge or any special
7 judge designated to handle this case, or any member of

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8 their staffs. You are further directed that as a further
9 condition of your bond, you are henceforth restrained
10 from attempting to file any papers in the office of the
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12
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Circuit Court Clerk of Monroe County, including but not
limited to papers containing accusations against
13 President Barack Obama or anyone else, and that you
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14 are further restrained from filing any papers whatsoever
15 with the clerk's office of Monroe County; from requesting
16 information about or copies of any papers, documents,
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17 or records in the files of the office of the Circuit Court

18 Clerk. This restriction is also applicable to all offices of
19 all Circuit Court Clerks in any county in the 10th Judicial
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20 District, including Monroe, McMinn, Bradley, and Polk

21 County. I would further instruct you that any provisions
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22 of this order, including the restrictions specifically set

23 forth in paragraph four of this order, may be modified or
24 amended by the special judge designated to hear this
25 case upon proper application made in writing by you or
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1 your counsel to that special judge once he has been
2 appointed. You are further restrained from listing the
3 phone number of any judge on the Internet or causing
4 anyone else to do so for the purpose of requesting

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5 people to personally contact said judge for any reason
6 whatsoever. This restriction specifically applies to any
7 member of the Tennessee Supreme Court, any member

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8 of the various Tennessee Courts of Appeals, any trial
9 judge or general sessions judge, or any special judge
10 designated to handle this case.
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12
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I would further advise you, sir, that your best
interest would be served if you would immediately retain
13 counsel to represent you in these matters.
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14 DEFENDANT FITZPATRICK: In the restrictions
15 that you just --
16 THE COURT: You have been charged with two
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17 C felonies, I think you advised me, is that correct,

18 General -- each of which carries three to six years in the
19 state penitentiary. It would behoove you to solicit
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20 counsel and seek counsel for your best interest as soon

21 as you can.
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22 DEFENDANT FITZPATRICK: In the first

23 restriction that you just -- I have a question.
24 THE COURT: You are further advised that a
25 violation of any of the foregoing conditions of your bond
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1 may result in the immediate issuance of a warrant for
2 your arrest, a revocation of your release, a forfeiture of
3 any bond, and a prosecution for contempt of court, and
4 could result in imprisonment, a fine, or both. I'm

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5 instructing by this order also that the Circuit Court Clerk
6 of Monroe County, to place this order on the minute
7 books and forward certified copies to you and to all

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8 government officials covered by this order.
9 DEFENDANT FITZPATRICK: I have a question.
10 THE COURT: You -- I generally can't -- you can
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12
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ask a question. Normally I can't respond to questions
asked the Court.
13 DEFENDANT FITZPATRICK: In the first
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14 restriction that you just read regarding my contact with
15 Grand Jury foreman or Grand Jurors, how am I to know
16 who those people are?
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17 THE COURT: Well, I can't respond to that, but

18 you -- it doesn't matter whether you can find out who
19 they are or not. You can't contact them --
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20 DEFENDANT FITZPATRICK: I could contact --

21 THE COURT: -- without specific permission --
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22 DEFENDANT FITZPATRICK: -- somebody in

23 this community not knowing --
24 THE COURT: -- of the --
25 DEFENDANT FITZPATRICK: -- that they're a
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Arraignment/6/28/10 Page -18-

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1 Grand Jury foreman.
2 THE COURT: Sir, you are a defendant under
3 bond for felonies and you can have any restrictions the
4 Court seeks to place on you as a condition of your bond.

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5 If you wish to have any of these modified, you can
6 contact by writing the special judge that will be
7 designated to handle this case, and he can release any

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8 of these conditions or modify them in your behalf. I'll
9 give you a copy of the indictment. (Brief pause) If you'll
10 hand that to Mr. Fitzpatrick. You will be contacted on
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12
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the designated date you are to be back in court, and you
are free to go.
13 ***********************************************************
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14 THIS WAS ALL THE PROCEEDINGS HAD AND
15 EVIDENCE INTRODUCED AT THE ARRAIGNMENT IN
16 THIS CASE ON THE 28TH DAY OF JUNE, 2010.
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17 ***********************************************************
18
19
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20
21
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22 CERTIFICATE
23
24 I, the undersigned Denise E. Barnes, Official
25 Court Reporter and Notary Public for the 10th Judicial
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1 District of the State of Tennessee, do hereby certify that
2 the foregoing is a true, accurate, and complete
3 transcript, to the best of my knowledge and ability, of all
4 the proceedings had and evidence introduced at the

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5 arraignment in this case, in the Criminal Court for
6 Monroe County, Tennessee, heard on the 28th day of
7 June, 2010.

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8 I do further certify that I am neither of kin,
9 counsel, nor interest to any party hereto.
10 July 10th, 2010
11
12
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13 Official Court Reporter and
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14 Notary Public
15 State of Tennessee
16
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21
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